Allen D. Grundy v. Commonwealth,
2011-CA-001852-MR
Rendered May 24, 2013.
Designated To Be Published (Not yet final).
Grundy
appealed the denial of a CR 60.02 motion seeking to vacate the order revoking
his probation. Judgment was entered on December
17, 1997 convicting Grundy and sentencing him to one year imprisonment probated
for five. On October 16, 2002 the
Commonwealth filed a motion to revoke because he picked up new charges. A hearing was not held until December 18,
2002. The trial court revoked his
probation. Because the five year period
had ended the day before, the Court of Appeals found the trial court had lost
jurisdiction to revoke Grundy’s probation by that time. KRS 533.020(1) is clear that probation must
be revoked prior to the expiration or termination of the period of
probation. The Commonwealth argued that
eight years is an unreasonable amount of time in which to file a CR 60.02
motion. However, the Court of Appeals
found that regardless of the amount of time that had passed, imprisonment based
on a void order is a manifest injustice.
Contributed by Brandon Jewell
